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HomeMy WebLinkAbout7/12/2005MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JULY 12, 2005 CALL TO ORDER: Chairman McManus called the meeting to order at 7:10 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Low led the Pledge of Allegiance. ADMINISTRATION OF OATH OF OFFICE TO INCOMING PLANNING COMMISSIONER TONY Y. TORNG - ACM/DeStefano administered the oath of office to Tony Y. Torng, incoming Planning Commissioner replacing Jack Tanaka. 1. ROLL CALL: Present: Chairman Joe McManus, Vice Chairperson Ruth Low, and Commissioners, Tony Torng and Steve Tye. Commissioner Dan Nolan was excused. Also present: James DeStefano, Assistant City Manager; Nancy Fong, Planning Manager; Linda Smith, Development Services Associate; Lorena Godinez, Planning Intern and Stella Marquez, Senior Administrative Assistant. 2. RECOGNITION OF OUTGOING COMMISSIONER JACK TANAKA— Presented by Chair/McManus and the Planning Commissioners. Jack Tanaka thanked ACMIDeStefano and the planning staff for their assistance during his tenure on the Commission and thanked his colleagues far their support in moving the City forward. He also thanked Paul Wright, Audio Technician. 3. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: None Offered. 4. APPROVAL OF AGENDA: As Presented. 5. CONSENT CALENDAR: 5.1 Minutes of the Regular Meeting Study Session of June 28, 2005. C/Tye moved, VC/Low seconded to approve the Regular Meeting Minutes for June 28, 2005, as presented. Motion carried by the following Roll Call vote: JULY 92, 2005 Page 2 PLANNING COMMISSION AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: 6. OLD BUSINESS: None 7. NEW BUSINESS: None 8. CONTINUED PUBLIC HEARING(S): Tye, Low, Chair/McManus None Torng Nolan 8.1 DEVELOPMENT REVIEW 2004-34 - In accordance with Chapter 22.48 of the City of Diamond Bar Development Code, the applicant requested approval of plans to construct an approximate 8,076 square foot addition to an existing 2,777 square foot two-story single-family dwelling on an existing 9.10 acre R-1 9,000 zoned parcel with a consistent underlying General Plan Land Use designation of Low Density Residential (RL). The development also included an attached 1,008 square foot 4 -car garage, swimming pool, tennis court, basketball court and detached gazebo. (Continued from June 28, 2005) PROJCECT ADDRESS PROPERTY OWNER/ APPLICANT: 701 Featherwood Drive Diamond Bar, CA 91765 Randy and Olga Rodriquez 701 Featherwood Drive Diamond Bar, CA 91765 PM/Godinez presented staff's report and recommended that the Planning Commission adopt Development Review 2004-34, Findings of Fact and conditions of approval as listed within the resolution. Chair/McManus asked if the garage door scheduled for removal was on the west side of the house as stated in staffs report and PM/Fong confirmed that it was. PM/Fong indicated to VC/Lowthat it was intended to be a two-story connection that would include a garage door through which the owner could drive to access an interior courtyard with a four -car garage. Randy Rodriquez asked why he was conditioned to reduce the 18 -foot wide driveway to 12 feet. PM/Fong used the photographs to clarify that staffs request was for the new portion of driveway only to be reduced from 18 feet to 12 feet to conform to code. JULY 12, 2005 Page 3 PLANNING COMMISSION C/Tye asked why staff would condition to reduce the driveway rather than conform to the existing driveway? PM/Fong responded that certain factors were considered such as whether there was a need for such a wide driveway because the existing driveway supported the dwelling. If the new drivewaymere widened to 18 or 20 feet it would create a lot of unnecessary hardscape that would be visible from the eastbound SR 60. VC/Low felt that the wider driveway would not burden the already huge property. PM/Fong responded that the Planning Commission could direct staff to work with the applicant to see if a wider driveway was feasible. VC/Low believed that due to the steep incline it would be difficult for someone to maneuver a large SUV in the narrow driveway in the dark for instance. CITye said he still did not understand staff's concern and endorsed VC/Low's point of view to work with the applicant toward providing a larger driveway. He was not sure that it would be that visible from the SR60 and he also felt that it would be safer for the applicant to be able to drive up a larger driveway. Mr. Rodriquez explained that he created a wide driveway because it helped create a firebreak. Every year the fire department required him to clear everything within 100 feet of his residence. Visitors to his home find it difficult to maneuver their vehicles in an area that is too small and that would include the fire department because they drive their trucks up to his property to view the surrounding area. VC/Low said that during her visit with Mr. Rodriquez today she discerned that he intended to move the pepper tree at the front of the residence and did not find that this project had required approval for a tree permit. PM/Fong felt that it would be preferable for the applicant to preserve the tree in its current location if possible. However, if the applicant wanted to move the tree he could apply for a tree permit. Chair/McManus opened the public hearing. Mark Sackett, 711 Featherwood Drive, said he was concerned that property safety precautions were in place during a project of this magnitude so that it would not impede on the surrounding community and neighborhood. He was concerned about noise, water drainage and fire prevention and his biggest concern was if the applicant was allowed to have such a driveway that a two-lane road would take precedence and that the area would eventually be zoned for High Density. He would prefer that the R-1 zone remain in place. He wanted to be sure that the excavation would not affect the stability of the hillside so that he had to be concerned about the possibility of a future landslide. He felt the project was aesthetically pleasing and said he believed it would be a good addition to the neighborhood. JULY 92, 2005 Page 4 PLANNING COMMISSION Chair/McManus pointed out that as part of the approval process the applicants sign a covenant that the property will remain a single-family residence. There will be some noise during construction. With respect to geotechnical issues, since Diamond Bar incorporated none of the hills that have been built upon have suffered landslides. Only hillsides that were developed prior to incorporation have suffered landslides. Staff is diligent about requiring proper mitigation. PM/Fong assured the speaker that the applicant was required to submit geotechnical reports and that the area would have to be found adequate to support grading and structures prior to issuance of building permits. PM/Fong responded to VC/Low that the property is zoned for single-family residences only. If the property owner wanted to change the zoning to multiple family he would have to request a General Plan amendment and zone change. She said that the applicant could propose a subdivision but there is only one access to the property and the driveway is very small. The subdivision map has requirements regarding access to a public street for any subdivision so it would not be feasible with the narrow access. ACM/DeStefano said that not only is the property zoned single-family residential, it is classified in the City's Master Plan (the General Pian) as single-family residential. As PM/Fong stated it would require a subdivision of property and a General Plan amendment to change the designation. Any interest in changing the designation of the property requires public hearings before the Planning Commission and the City Council and it would be very unlikely that staff would recommend any such changes due to the limited access and because it is a single family neighborhood. Marguerita Lopez, 875 N. Featherwood Drive said she wanted assurance that the proposed project would be used to house only one family because it is a very big house. Chair/McManus indicated that the applicants have five sons. Ms. Lopez said she was also concerned that the house would not obstruct her view and wanted to be sure the fire department would continue to monitor the area. Chair/McManus closed the public hearing. C/Tye said he had experienced the same concern as the speakers that because it was such a large parcel that it might be subject to subdividing. VC/Low felt that if the property owners intended to maintain the property and put in a wider driveway that would serve to deter fire as well as landscape the area in a reasonable fashion it would be served as an improvement for the community. JULY 12, 2005 Page 5 PLANNING COMMISSION CITye moved, VC/Low seconded to approve Development Review 2004-34, Findings of Fact, and conditions of approval as amended and striking Gj) on page 9 that called for limiting the driveway to 12 feet and directing staff to work with the applicant on the matter. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Tye, VC/Low, Nolan, Torng, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan 9. PUBLIC HEARING(S): 9.1 DEVELOPMENT REVIEW NO. 2004-39 AND TREE PERMIT NO. 2005-01 — In accordance with Code Sections 22.48.020(a)(1) and 22.38 of the City of Diamond Bar Development Code, this was a request to construct a three-story single-family residence with two garages for a total of five parking spaces, and balconies totaling to approximately 16,719 square feet. The request also included front, side and rear yard retaining walls not to exceed an exposed height of seven feet and a tennis court in the rear yard. The Tree permit was related to the removal and replacement of oak and walnut trees. PROJECT ADDRESS: PROPERTY OWNER: 23541 Ridgeline Road (Tract 30091 Lot 53) Diamond Bar, CA 91765 Mr. and Mrs. Thomas Ha 933 Solem Street Azusa, CA 91702 APPLICANT: Pete Volbeda 615 N. Benson Avenue, Unit C Upland, CA 91786 PMIGodinez presented staffs report and recommended Planning Commission approval of Development Review 2004-34 and Tree Permit 2005-01, Findings of Fact, and conditions of approval as listed within the resolution. Chair/McManus asked if the dirt removal would push the lot down to street level and where the dirt would be exported. JULY 12, 2005 Page 6 PLANNING COMMISSION Pete Volbeda, Architect explained that most of the exported dirt would be removed to adjacent sites in accordance with agreements between the applicant and adjacent property owners. In fact, most the fill taken from the hillside would be used to balance the site and provide a surface for a tennis court for Mr. Chin. The applicant does not plan to export dirt offsite. In addition, the retaining wall against Mr. Chin's garage will be removed to create a balance between his and Dr. Ha's property. In the end the property will be level from Mr. Chin's property to Loren Phillip's property. C/Torng asked Mr. Volbeda to elaborate on whether "The Country Estates" Homeowners Association required all neighbors to sign off on the project. Mr. Volbeda explained that Tim Goode suggested that the applicant approach the neighbors about lowering the grade because the initial design contained 10 -foot retaining walls along the side and that Mr. Goode required only the signatures of the affected property owners to allow the applicant to move forward. VC/Low asked if "The Country Estates" architectural review committee had signed off on the project and Mr. Volbeda responded "no" because he was waiting for the signatures and had just received Mr. Phillip's signature today. PM/Fong stated that the review contains a condition that the applicant must obtain association approval prior to the issuance of permits. Chair/McManus opened the public hearing. With no one present who wished to speak on this item, Chair/McManus closed the public hearing. VC/Low moved, C/Torng seconded, to approve Development Review No. 2004-39 and Tree Permit No. 2005-01, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Low, Torng, Tye, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan 9. PLANNING COMMSSIONER COMMENTS/INFORMATIONAL ITEMS: C/Torng said he was excited to be a Planning Commissioner and found the work very interesting. He said he appreciated everyone's professional demeanor and JULY 12, 2005 Page 7 PLANNING COMMISSION although he had few words during tonight's meeting he would be contributing more to future meetings. PM/Fong responded to C/Torng that in the instance of the project within "The Country Estates" the homeowner's association required signatures related only to the grading because it involved private property not owned by the applicant. C/Tye congratulated Jack Tanaka and welcomed C/Torng. VC/Low congratulated Jack Tanaka on being elected to serve on the City Council and thanked him for his quiet leadership, insight and help and for his service to the Planning Commission. She welcomed C/Torng and said it was a fun Commission that did a lot of neat things. Chair/McManus thanked Jack Tanaka for his service to the Commission and congratulated him on moving up to the City Council. He welcomed C/Torng to the Planning Commission. 10. STAFF COMMENTS AND INFORMATIONAL ITEMS: ACM/DeStefanostated that the Schedule of Public Meetings indicated a Zoning Map Amendment discussion for July 26 that would be pushed out to August. As a result, there were no items scheduled forthe July 26 meeting. Last Thursday evening the City Council subcommittee held a town hall meeting for the Industry Business Center project at Armstrong Elementary School. About 2300 property owners were noticed in the immediate area. The Planning Director for the City of Industry spoke to the project and responded to questions. About 130 individuals attended the meeting and about two -dozen speakers voiced their opinions and asked questions about the proposed development. In the past, Industry has been a good neighbor and the City expects that will continue. When more specific information is available the subcommittee will hold additional town hall meetings. The meeting lasted approximately three hours. ACM/DeStefano responded to Chair/McManus that Washington, Beaverhead and Sunset Crossing Road are cul-de-sacs within the scope of the City's General Plan and Diamond Bar controls whether those streets are open and connected and Diamond Bar has insisted that those streets remain cul-de-sacs. If the streets were ever to be considered to be open it would require a public noticed General Plan process before the Planning Commission and then before the City Council and would undoubtedly involve extensive traffic studies, etc. JULY 12, 2005 Page 8 PLANNING COMMISSION ACM/DeStefano stated that the street work at Grand Avenue and Golden Springs Drive has commenced with the urban forestry program. As a result, a number of trees have been lost to the project that contemplates widening Golden Springs Drive to create a second right -turn lane and a much longer series of right turn lanes as well as an additional lane on Grand Avenue from the freeway toward Montefino. The additional lanes are intended to transition traffic from the freeway through Diamond Bar and to serve as a deceleration lane into the shopping center and later an acceleration lane to move traffic forward toward Chino Hills in a safer manner. Work is scheduled for completion about the middle of November. The Target project is moving forward with commencement of construction slated for mid-August. The Brookfield condominiums are scheduled for construction beginning about mid- September with the first units offered for sale at the end of 2005 and occupancy scheduled between June 2006 and 2007. ACM/DeStefano reported that the City had been interested in a sphere of influence change for the past couple of years in orderto capture the triangular shaped area at Diamond Bar Boulevard at Brea Canyon cutoff near the Diamond Canyon Church. The 100 -acre area that has a Diamond Bar zip code, Walnut School District and is served by the Diamond Bar/Walnut Sheriffs station lies within Los Angeles County. Adjacent to the 100 acres is the AERA Energy Project that is comprised of about 3000 acres of which a substantial portion was under consideration to become a future component of the City of Diamond Bar. At the City's request the consultant working with LAFCO recommended that 2100 acres of the AERA project plus the 100 aforementioned acres become a part of the City of Diamond Bar. Tomorrow morning the Local Agency Formation Commission (LAFCO) is being asked to approve resolutions to place the 2200 -acres into Diamond Bar sphere of influence. There are a number of additional steps that would have to take place for the area to become a part of the City. However, LAFCO's approval is essential for the City to move forward to incorporate the property into the City of Diamond Bar. With respect to the Code Enforcement issue about removal of trees at the end of Crooked Creek PM/Fong reported -that staff contacted a consultant to help the City survey the damage and recommend mitigation. Staff is attempting to arrange a meeting with Mr. Singh to discuss the damages and entice him to remedy the situation. The piles of debris were removed. Chair/McManus asked for an update on the burned out building on Pathfinder Road west of the SR 57. PM/Fong said that the applicant had gone through plan check and was close to obtaining the building permit. JULY 12, 2005 Page 9 PLANNING COMMISSION 11. SCHEDULE OF FUTURE EVENTS: As fisted in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/McManus adjourned the meeting at 8:10 p.m. Respectfully James DeStefano� Assistant City Manager Attest: